Victorian Current Acts

WRONGS ACT 1958 - SECT 28LK

    (1)     For the purposes of assessing the degree of impairment of the whole person resulting from binaural hearing impairment, the percentage of the diminution of hearing determined in accordance with subsection (2) is to be converted as follows—

        (a)     if the binaural loss of hearing is 5 per cent NAL or less, the degree of impairment is to be assessed as zero;

        (b)     if the binaural loss of hearing is a percentage that is more than 5 per cent NAL, the degree of impairment is to be assessed at that percentage.

    (2)     For the purposes of this section, the percentage of diminution of hearing—

S. 28LK(2)(a) amended by No. 67/2013 s. 649(Sch. 9 item 36(7)).

        (a)     must be determined—

              (i)     by a person or class of persons approved; and

              (ii)     in the manner approved—

under section 63 of the Workplace Injury Rehabilitation and Compensation Act 2013 ; and

        (b)     must be determined in accordance with the Improved Procedure for Determination of Percentage Loss of Hearing (1988 Edition or a later prescribed edition) published by the National Acoustic Laboratory.

S. 28LL inserted by No. 60/2003 s. 4.